SLAPP, an acronym for Strategic Lawsuit Against Public Participation, refers to a legal tactic commonly employed by individuals or organizations to stifle or deter public critics, activists, or whistleblowers from expressing their opinions or participating in civil engagement. It is a type of lawsuit that is often filed with the intention of burdening the defendant, rather than seeking a legitimate legal remedy.
SLAPP lawsuits are typically characterized by their frivolous or meritless nature, lacking substantial legal grounds. The primary purpose of such lawsuits is often to silence or harass individuals through the financial, emotional, and time-consuming burdens associated with litigation, thereby discouraging public participation and minimizing the defendant's freedom of speech.
By subjecting defendants to costly legal battles and potential damages, SLAPPs exploit the inherent imbalance of power between those with significant resources and those with limited means. The defendants are often individuals or small organizations advocating for public issues or challenging dominant entities, such as corporations or governments, thereby enabling the latter to silence critics or intimidate opposition.
To counter SLAPPs, some jurisdictions have implemented anti-SLAPP legislation, which provides defendants with protective measures such as early dismissal of cases, awarding attorneys' fees and costs to defendants, or requiring plaintiffs to demonstrate a substantial likelihood of success. These legal safeguards aim to preserve and protect freedom of speech, civil engagement, and open dialogue within society.
